Losing a loved one to an accident can be an extremely difficult experience. At The Farias Firm, our wrongful death lawyer team is here to help.
It is hard to comprehend the loss of a loved one. They are an irreplaceable part of your family. In addition, you may have depended on them for income, household services or both. Our wrongful death lawyers in Encino, CA can help you claim financial compensation. We’re here for you when you need us most.
Wrongful Death Lawyer Near Encino, CA
When you need a wrongful death lawyer near Encino, CA, we invite you to meet with our legal team. As a first-generation Mexican-American, Jaime Farias understands the unique needs of the community. He knows the anxiety that comes with losing a loved one.
Our legal team is here to fight for the compensation that you deserve. You have rights, no matter your immigration status. See what your case may be worth and how we can work to get you the help that you need.
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No upfront costs to you or your family. We recover maximum compensation for our clients.
How can a wrongful death lawyer help me?
A wrongful death lawyer is a source of expertise and guidance when you lose a loved one. They know how to evaluate the situation and work towards fair compensation. Pursuing justice for the death of a loved one is a complex process. Evaluating the value of the claim, the needed legal proof and the steps to follow are all critical to success. A wrongful death lawyer is an experienced professional who can manage everything needed for you to get justice.
California Wrongful Death Laws
Wrongful death laws in California allow survivors to claim financial compensation. The accident must have occurred because of the negligence or intentional act of another person. California law creates standards for who may file a wrongful death claim, timelines, and steps required to receive compensation.
Examples of wrongful death accidents are:
- Car accidents
- Motorcycle, bicycle, pedestrian, and truck accidents
- Medical malpractice
- Slip and falls
- Assault and homicide
Who can bring a wrongful death case?
California law allows spouses, domestic partners, children, and grandchildren to bring a wrongful death case. If there is no surviving person in these categories, then parents or siblings may start the case. Others who are financially dependent on the victim like stepchildren or parents may also qualify.
What are damages in a wrongful death case?
Damages in a wrongful death case are all the losses that naturally come from the unexpected loss of a loved one. Some losses are financial, including:
- Lost income, financial support provided to the household or survivors
- Gifts and benefits received through the victim
- Funeral and burial expenses
- Household services the victim would have provided
Other damages in a wrongful death case are not direct financial losses. These losses represent the emotional void left by the loss of an important family member, including:
- Loss of love and companionship
- Unrealized support, protection, and affection
- Moral support
- Affection
- Intimacy
- Guidance
Because the impact of losing a loved one is severe, damages in any wrongful death claim are high. Our wrongful death lawyers can give you a personalized evaluation of what to expect in your case.
How do I know if I have a wrongful death claim?
A wrongful death claim comes from the same legal principles of other negligence actions – the person who causes an accident should pay for it. The legal standard is whether the other party used reasonable care in the situation. Even if it may seem like an accident, if the death can be traced to negligence or the intentional wrongdoing of another party, you may have a valid wrongful death claim.
Wrongful Death FAQs
How long do I have to bring a wrongful death claim in California?
You have two years to bring a wrongful death claim in California. Contact an attorney as soon as possible so that they can investigate, preserve the evidence and take the right steps to bring the claim.
What is the burden of proof to win a wrongful death case?
The preponderance of the evidence is the burden of proof for wrongful death. The plaintiff must show that it is more likely than not that all the elements of the case are true.
How is a wrongful death settlement paid?
A wrongful death settlement can be paid by a lump sum or through a structured settlement. When there are minor children involved, a structured settlement can be particularly important to protect the needs of the children in the future.
What kinds of evidence can be used to prove a wrongful death claim?
Evidence that can be used to prove a wrongful death claim includes:
- Witness statements
- Medical documentation and healthcare experts
- Statements from the family about their own experience and suffering
- Billing records and financial statements
- Reconstruction experts
- Accountants to project long-term financial losses
- Records of funeral and burial costs
The evidence to prove a wrongful death claim varies based on the specific circumstances. You must prove the elements of negligence and wrongful conduct. In addition, you must show the losses that have resulted to the family members and what is appropriate to pay in financial compensation.
What is the average settlement for a wrongful death lawsuit?
Because the loss of a loved one is a devastating event, damages for wrongful death lawsuits are high. All future damages can be included, reduced to the present value. Do not underestimate the value of the case. Our lawyers can help you work diligently to have the proofs and legal strategy to earn the compensation you truly deserve.
What is a survivor’s action?
A survivor’s action is separate from a wrongful death action, but it is similar. Under California Code of Civil Procedure § 377.30, it is brought by the victim’s estate on behalf of the victim. A wrongful death action is brought by family members for their own losses. A survivor’s action represents the victim’s interests through their personal estate.
How do you start a wrongful death claim?
To start a wrongful death claim, the victim files a legal action in court. In some cases, it may be enough to file a claim directly with an insurance company. However, a legal claim is typically needed because of the high dollar value of the case. A lawyer can help you prepare the legal filing documents, formally make the case filing and comply with other requirements to start the wrongful death claim.
How To Hire a Wrongful Death Lawyer
To hire a wrongful death lawyer, contact us and tell us your story. We can learn about what happened to you and analyze what the claim may be worth. Let us tell you about the process of bringing a claim and how it can help you and your family in the future.
There’s no obligation when you meet with our legal team. We answer all your questions about the legal case and how our representation works.
Free Consultation Wrongful Death Lawyer
Contact us for a free consultation with our wrongful death lawyers. We are professional but personal. When results matter, we are a legal team that you can trust. Begin your case by calling us or sending us a message. We look forward to hearing from you.
